Research On Parking Space Ownership In Residential Areas

In recent years,with the rapid development of our economy and the rise of the people's living standards,the urbanization of our country has been growing further.However,while the rapid urbanization brings convenience and comfort to people's life,the contradiction between people's increasing demand for urban space utilization and limited urban land resources is increasingly prominent.Due to the continuous growing number of cars in the city,"expensive and difficult" parking problems arise.Consequently,the ownership of the parking space in the residential area has become a hot topic of concern to the whole society as the lag of relevant supporting legal systems.Although the Property Law and relevant judicial interpretation have made corresponding provisions on the ownership of parking space in residential areas,it is difficult to effectively identify the real ownership for the various types of parking space in reality.Also local laws and regulations have made relevant provisions on this issue,but it's far from establishing a uniform standard.On the other hand,different views are hold among judges and scholars which result in failure of reaching the same conclude.Therefore,it is of great significance to establish uniform rules for the parking space ownership in residential area to clarify and protect the legitimate property rights,resolve disputes,and create a harmonious community environment.Parking space ownership rule in residential area is the result of law principle,law policy and law technology,and law policy should not violate the basic requirements of law principle.First of all,only the legal "independent object" can become the object of the independent right,so it is necessary to define the legal attribute of the parking space.Secondly,the residential area parking space as a part of the condominium building,the ownership should be based on the basic principle of property law and condominium ownership.Thirdly,the establishment of space right system makes it possible to separate the underground parking space from the apartment.Due to the phenomenon of continuous emergence of stratified utilization of urban land resources,legal concepts such as space right and the right to use space for construction land have gradually entered the theoretical field,injecting new vitality into the development of the theory of property law.And it also provides a new perspective for the residential area parking space ownership judgment.In view of the problem of the ownership of parking space in residential areas,this paper will discus it in three chapters.The first chapter mainly discus judges' different points of view over the ownership dispute of parking space in residential areas through the analysis of plenty of real cases,and points out the current situation of this problem in judicial practice.And then we make a brief analysis on the legislative evolution and the current legislation situation of the right of the parking space in residential areas in China.Secondly,this paper analyzes the object attribute of parking space by applying the theory of condominium ownership.The second chapter discusses the method of determining the standard of parking space ownership.Firstly,we analysis the legal nature of the parking space in residential areas,and conclude that the legal essence of parking space is "spatial object".And then we summarize the main viewpoints of the academia on the ownership of parking Spaces in residential areas and compare the current research situation from domestic to abroad.In chapter 3,the author proposes a reasonable rule for the ownership of parking space in residential areas.Firstly,it is determined that the allocation rules of land-use right as the identification standard for judging the ownership of aboveground parking Spaces,and the space right theory is introduced as the identification standard for the ownership of underground parking Spaces.Secondly,the ownership of different types of parking Spaces is judged from the perspective of interpretation and legislation.Finally,put forward the method for registering parking space ownership.In view of the current situation in legislation,judicial practice and theoretical of the mentioned problems,this paper attempts to build a unified residential area parking space ownership rules,in order to promote the development of China's property law theory.